Trump-appointed judge demands return of migrant wrongly deported to El Salvador

Judge rules deportation breached class action agreement

Trump-appointed Maryland District Judge Stephanie A. Gallagher decided Wednesday that the removal of a 20-year-old Venezuelan man known as "Cristian" should not have taken place.

Cristian, deported to an El Salvador prison on March 15 after being labeled an "alien enemy" under President Donald Trump's AEA Proclamation, was covered by a class action settlement protecting certain migrants from deportation while their asylum applications are pending.

Gallagher's memorandum stated: "Therefore, under the plain terms of the Settlement Agreement and fundamental tenets of contract law, removal from the United States of a Class Member, including but not limited to Cristian, without a final determination on the merits by USCIS on the Class Member's pending asylum application violates the Settlement Agreement."

Court cites similar precedent and mandates return

The judge's order referenced the high-profile deportation of Kilmar Abrego Garcia, another migrant sent to an El Salvadorian prison earlier this year.

Judge Gallagher explained, "Thus, like Judge Xinis in the Abrego Garcia matter, this Court will order Defendants to facilitate Cristian's return to the United States so that he can receive the process he was entitled to under the parties' binding Settlement Agreement."

She emphasized that "facilitating" Cristian's return means US authorities must make "a good faith request to the government of El Salvador to release Cristian to US custody for transport back to the United States to await the adjudication of his asylum application."

The judge also prohibited the Trump administration from removing any other members of the class until their asylum cases are resolved.